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Throop Borough Council agreed to send the state Department of Environmental Protection a letter informing the agency the group is against the nearly 45-year expansion proposal in a 4-2 vote Aug. 14, with Councilwoman Charlene Tomasovitch abstaining.

Council President Rich Kucharski, who voted no with Councilman John Musewicz, said after reviewing the 1999 host municipality agreement with the Dunmore and Throop facility and speaking with solicitor Lou Cimini, he’s worried about legal consequences.

“(Before the vote), there was no discussion whatsoever, none, on the issue that is the most significant financial issue in Throop’s history,” Kucharski said. “Before I sign that letter, I want to discuss it at the next meeting (Monday) ... If a majority wants to send the letter, I’m the president. I’m going to sign the letter.”

Kucharski referenced a passage from the host municipality agreement that reads in part: “In the event disputes or concerns of the borough cannot be adequately resolved in consultation with Keystone, the borough agrees to request that (DEP) undertake any appropriate enforcement actions or modify the terms and conditions included in the permits.”

The councilman worried the borough could be breaching the contract by not discussing concerns with the landfill first.

Another passage in the deal states that nothing in the agreement shall prevent either side from challenging the validity of terms or conditions in permits.

Keystone consultant Al Magnotta said he isn’t a legal expert and hasn’t reviewed the Throop host municipality agreement in years, but he didn’t initially see a problem with Throop sending the letter.

“We haven’t spoken to any lawyers,” he said. “I don’t see why it would be a big problem. They have a right to express their concerns. I can’t tell you what the contract says, but the reality is, if they have legitimate concerns, we want to talk to them. And if we can address them, fine.”

Still, Kucharski feared scenario during which Keystone raises a legal challenge in response to the borough’s opposition, and the borough’s benefits from the host municipality agreement are suspended while it is resolved.

Throop’s $5.83 million budget for 2017 projects nearly $3.75 million in revenue from the landfill, and Kucharski said that doesn’t account for other benefits like free disposal of borough waste.

Contact the writer:

kwind@timesshamrock.com; 570-348-9100, x5181;

@kwindTT on Twitter

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